Micheni v Republic (Criminal Revision E008 of 2025) [2026] KEHC 4472 (KLR) (20 February 2026) (Ruling) Neutral citation: [2026] KEHC 4472 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERUGOYA CRIMINAL REVISION E008 OF 2025 EM MURIITHI, J FEBRUARY 20, 2026 BETWEEN SIMON MUCHIRA MICHENI .............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant, who seeks revision of the sentence of life imprisonment for the ofience of defilement charged under section 8(1) and 8(2) of the Sexual Offences Act by an application dated 10th March, 2025, has already benefited from a reduction of the sentence by the High Court (F. Muchemi J.) who by Judgment dated 24th October, 2023 substituted a sentence of imprisonment for 25 years, the Court rely at the time relying on the Court of Appeal decision in Manyeso v R (2023) KECA 827. 2. The Supreme Court has since then ruled in the twin decisions of R. v Manyeso (Republic v Manyeso [2025] KESC 16 (KLR)) and R. v. Ayako (Republic v Ayako (Petition E002 of 2024) [2025] KESC 20 (KLR) (11 April 2025) (Judgment)) both of 11th April, 2025 held that the court has no authority to revise the sentence of imprisonment for life to a sentence of imprisonment for a term of years. 3. The applicant’s application for revision of sentence now standing at imprisonment for 25 years was only be granted to the extent of allowing the taking into account of a period of pre-trial detention in terms of section 333 of the Criminal Procedure Code. Orders 4. Accordingly, for the reasons set out above, the Court finds that it has no jurisdiction in this matter and the application of revision of sentence is declined. 5. The Court will only direct that the sentence of imprisonment for 25 years shall take into account the period of pretrial detention of (3) days before the applicant was released on bond on 20th January, 2017. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4472/eng@2026-02-20 1
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6. File Closed. Order accordingly. DATED AND DELIVERED THIS 20TH FEBRUARY, 2026. EDWARD M. MURIITHI JUDGE Appearances: Mr. Mwangi for the DPP. Applicant in person. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4472/eng@2026-02-20 2
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